BIS consultatation on the effectiveness of TUPE regulations

The Department for Business, Innovation and Skills (BIS) launched a consultation before Christmas on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 – in particular concerns that the UK implementation of the Acquired Rights Directive is “gold-plated”.

The consultation asks covers a number of areas that are of relevance to organisations that either outsource services or provide outsourced services to third parties:

  • whether the amendments introduced under the 2006 Regulations have been effective in providing greater clarity and transparency as to the application of TUPE?
  • have the 2006 Regulations reduced the need for legal advice and/or the number of tribunal claims?
  • should TUPE apply to the provision of professional services?
  • is the absence of a mechanism to harmonise terms and conditions across a workforce post transfer a burden? If this right is desired, how should it work?
  • should more be done to clarify the application of TUPE upon an insolvency situation?
  • is the guidance on the application of the economic, technical or organisational reason sufficiently clear?

The consultation is open until 31 January 2012. You can access the papers here.

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